Proving Gross Negligence in Cases Against EMS Personnel

Published on Apr 30, 2019 at 2:45 pm in Medical Malpractice.

When you call for emergency services, you’re primarily concerned with the problem at hand. You’re worrying about how soon it will take for emergency medical services to get there and then if they’ll be able to treat you or the person who’s injured. What you don’t necessarily plan for is negligence. When a medical professional is negligent, the results can be devastating. You or a loved one could sustain terrible injuries, and sometimes negligence results in death. In some cases, gross negligence may have occurred. These are the situations where filing a medical malpractice claim may be in your best interest.

We understand how terrifying a situation regarding medical negligence can be. It has the potential to turn your life upside down. But we will fight for your rights and do everything to get you the compensation you deserve.

It’s important that you know how complex a medical negligence case can be, which is even more complex when you’re trying to prove gross negligence. Let’s take a look at gross negligence and what it entails.

What Is Gross Negligence?

Gross negligence occurs when there’s a lack of care that completely disregards the safety and lives of others. The negligence is so great that it seems the person acted purposely to violate the safety of others.

This goes beyond negligence, which is when someone fails to meet a medical standard of care. If an EMS responder tries to treat someone for their symptoms but makes a mistake that results in injury, they may be held liable for negligence, but not gross negligence.

In a gross negligence case, the EMS responder’s provided care would have to be significantly poor when compared to the standard of care, or how a similarly trained and competent EMS responder would have acted in the same circumstances. For instance, they could refuse to treat someone who clearly needed medical assistance. If they refused to treat and the person suffered severe injuries or died, then this could be a case for gross negligence.

Gross Negligence Claims

EMS responders have a difficult job—there are many people involved in getting someone who needs emergency services from their location and to the hospital, all while giving that person treatment.

When you’re considering filing a claim against an emergency response team, you may not know exactly how or where the negligence occurred. What if someone on the ambulance refused to offer treatment, or the ambulance driver got lost, or the hospital was behind in providing a surgical procedure or treatment? It’s almost impossible to know every event that led up to the occurrence of negligence without launching an investigation.

This is why it’s imperative for you to have a legal professional at your side. If you have a valid claim for gross negligence, it may take a lot of work and time to get a favorable result. While proving that someone did not meet the standard of care could mean taking a look at medical records and hearing from an expert witness, it’s going to take more to prove gross negligence because you have to show that someone willfully acted in a way that endangered the life of another. With the help of an experienced attorney, a thorough investigation can be launched that helps bring truth to light and solace to those who have had their lives negatively impacted.

Get Help from Belsky & Horowitz, LLC

Our attorneys have experience dealing with medical malpractice claims that involve gross negligence. We understand how to proceed with cases that go against emergency responders and know what it takes to get you the results you need. With medical negligence cases, time is of the essence. Get in touch with us today so you can set up an obligation-free consultation.



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